International Law Flashcards
Sources of international law
ICJ advisory opinion
Treaties
International Customs
Comity
Hugo Grotius
Grotius laid the foundation for international law based on natural law. He expressed the idea of a society of states, governed by laws and mutual agreement to enforce those laws, rather than being governed by force or warfare.
Natural law
The right to life, liberty and property. It is the philosophy that certain rights are inherent by human nature universally understood through human reason.
Positive law
Human made laws are made with some regard toward natural law which usually oblige actions. It describes specific rights for individuals or groups.
Jus cogens
Fundamental principle of international law that is accepted by the international community of states as a norm. No complete agreement on which norms qualify but it is generally accepted that jus cogens include the prohibition of genocide, maritime piracy, slaving, torture, wars of aggression.
Jus civile
A citizenship that you can earn. The legal code of Ancient Rome, such as Paul’s earned citizenship to ensure he had a proper trial.
Jus gentium
General principle as a process to deal with people. A concept of international law based or influenced by ancient Roman legal system. Example of the trial of Jesus.
Erga omnes
Issues that are important for the good of all. Example genocide and Nuremberg trials.
Opinio juris
Subjective obligation to establish a legally binding custom, depending on State practice.
Law of the sea
Canon shot rule 3 miles to defend. Contiguous zones to enforce regulations, 24 miles. Continental shelf for resources, 200 miles.
Alabama Commission
The British sunk the Alabama CSS off the French coast in 1864, the claims were the damages brought by the U.S. against UK which settled for 15.5 million.
The Beagle Channel
1984 the 3 islands recognized by Argentina as Chilean territory. In conflict since 1904.
Flags
Shows jurisdiction and laws followed on the ship, the captain is like a sheriff and the boats are like floating countries
Once off the vessel, you must follow the lands laws.
Relative normative
Customs not written, not stable but based off customs and norms of a country.
Comity
A legal reciprocity. The principle that one jurisdiction will extend courtesies to other jurisdictions. Executive, legislative and judicial acts.
Thalweg principle
Thalweg the deepest part of the channel of a river, is the boarder between two countries.
EEZ
Exclusive economic zones prescribed by UN convention, full sovereignty from coastline to 200 nautical miles out.
Expropriation
The sovereignty of every state to exercise supreme authority over all persons and things within their territory. This includes the right to take any property within its territory and applying the principle of eminent domain. Occurs when a public agency takes private property for a purpose deemed to be public interest.
Nationalization
Another method of taking private property by the State transforming private assets into public assets by bringing them under public ownership of a national government or state. May happen with or without compensation to former owners.
Extradition
Deporting a person accused or convicted of a crime.
Rendition
The practice of sending a foreign criminal to be interrogated in a country with a less rigorous regulations for humane treatment of prisoners
Weaponization of militarization
Placement and development of weaponry and military technology in outer space.
Jurisdiction
Inside the vessel is jurisdiction of the flag
Port is jurisdiction of the land
4 basic legal traditions
Socialist law
Islamic law
Common law
Civil law
